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O'ROURKE v. VUTURO

Record No. 0172-06-2.

638 S.E.2d 124 (2006)

49 Va. App. 139

Tammy Leigh O'ROURKE and Brian O'Rourke v. Victor John VUTURO, Jr.

Court of Appeals of Virginia, Richmond.

December 19, 2006.

Attorney(s) appearing for the Case

Steven L. Raynor (Mary L. Barrick; Martin & Raynor, P.C., on briefs), Charlottesville, for appellant.

Richard L. Locke; Jeffrey L. Galston, Guardian ad litem for the minor child (Robert W. Partin; Shannon S. Otto; Locke & Partin, PLC, on brief), Richmond, for appellee.

Present: FELTON, C.J., McCLANAHAN, J., and FITZPATRICK, Senior Judge.

JOHANNA L. FITZPATRICK, Judge.

This appeal arises from a child visitation dispute following entry of a divorce decree between Victor John Vuturo, Jr., and Tammy Leigh Vuturo (now O'Rourke). The child was born during the marriage but was the child of Brian O'Rourke. Tammy and Brian O'Rourke, who are now married, assert the trial court 1) lacked subject matter jurisdiction to adjudicate the case, 2) erred by granting Vuturo visitation with their child, and 3) erred...

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